The Director of Public Prosecutions (DPP) has opposed an application by one of the convicts in the 2019 Dusit D2 terror attack seeking release on bail pending appeal, arguing that he has failed to demonstrate exceptional circumstances to justify his release.
The application by Mohamed Abdi Ali, the first appellant, was scheduled for hearing on Wednesday, November 4, 2026, but was deferred after the court established that the record was incomplete.
The court subsequently directed that the matter be heard virtually on November 12, 2026, at noon.
In its grounds of opposition and written submissions dated November 4, the DPP, through Senior Assistant Director of Public Prosecutions Duncan Ondimu, argued that bail pending appeal is a discretionary remedy and not an automatic entitlement.
The prosecution maintained that Ali had failed to demonstrate exceptional circumstances or show that his appeal had overwhelming chances of success.
The DPP further cited the gravity of the offences, noting that they were terrorism-related and arose from the January 2019 attack that claimed 21 lives.
On Ali’s concerns about his health, the prosecution relied on a medical report from Kamiti Maximum Security Prison, which indicated that his back and eye conditions were stable and could be managed within the correctional facility.
The prosecution also argued that the record of appeal was complete and that the appeal could be fast-tracked, making his release on bail unnecessary.
Ali and his co-appellant, Hussein Mohamed Abdille Ali, were convicted by the Kahawa Chief Magistrate’s Court on May 22, 2025, over their involvement in the Dusit D2 terror attack and sentenced to 30 years in prison each on June 17, 2025.
The two were, however, acquitted on a separate count of committing a terrorist act contrary to the Prevention of Terrorism Act, a decision the DPP has since challenged.
The court issued similar directions in respect of Hussein Mohamed Abdille Ali, with both applications scheduled for further hearing on November 12, 2026, at noon through a virtual session.
